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Speak Up! - View Question #267 |
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Question: I am six, I accidentally broke something at a friends house. Legally, do my parents have to pay?
Answer: Your parents do not legally have to pay for the toy you broke unless they are ordered by a court to do so.
For a court to order your parents to pay for the toy you broke, the parents of your friend must first bring a suit against (or 'sue') your parents. The most common way that your friends might sue to recover the expense of the toy you broke is to file a claim in small claims court. This is a special court that involves disputes under a certain amount of money. Usually a matter must be under $2,500 and not involve criminal charges to be covered in an Arizona small claims court.
To initiate action in small claims court, your friends parents must collect proof that you broke the toy and proof of the dollar amount of the damage. Then they must file the case with a small claims court. There is a small charge for filing in small claims court. After the claim is filed, a court date will be set and you and your parents will tell the judge your side of the story, as will your friend and their parents. After you have both told your side of the story and presented your supporting evidence, the judge will rule that you must either pay for the damage done to the toy, or that there is not enough evidence and you need not pay for the damage to the toy. The small claims court process is similar to the popular television show 'People's Court.'
Taking a claim through small claims court is a lengthy and time-consuming process. It is usually easier to work out the disagreement between yourselves instead of taking it to court. You should encourage your parents and the parents of your friend to try their hardest to settle the issue without going to court.
To learn more about small claims courts in Arizona, visit the Small Claims Division of the Arizona Supreme Court's website.
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